Legal Question in Landlord & Tenant Law in Georgia

Landlord is insisting I owe liquidated damages because I have a dog that must be secured before she can show the property I still occupy and I will not leave him indefinitely locked in a wet garage based on a "maybe 6pm" request. I have agreed repeatedly to show upon the required 24 hours notice, but she requested a Sunday afternoon when I was working a 12-hr day and I politely requested we reschedule. She has cancelled without notice twice and sent prospective tenants unaccompanied once. Lease provision states:

17. Right of Access, Signage. Upon 24 hours advance notice to Tenant, Landlord shall have the right Monday through Saturday from

9:00 a.m. to 8:00 p.m. to access to Premises or Property to inspect, repair, maintain the same and/or to show the Property to prospective

buyers. In the case of emergency, Landlord may enter Premises or Property at any time to protect life and prevent damage to Premises

and Property. In addition, during the last ~ days of the term of the Lease, and during any period when Premises is being leased

month to month, Landlord may also place a "for rent" or "for sale" sign in the yard or on the exterior of any dwelling on Property, may

install a lockbox and may show Premises to prospective tenants or purchasers during reasonable hours. Tenant agrees to cooperate with

Landlord and Broker who may show Premises to prospective tenants or buyers. In the event a lockbox is installed, Tenant shall secure

jewelry and other valuables and agrees to hold Landlord harmless for any loss thereof. For each occasion where the access rights

described above are denied, Tenant shall pay Landlord the sum of$ 100.00 as liquidated damages; it being acknowledged

that Landlord shall be damaged by the denial of access, that Landlord's actual damages are hard to estimate, and that the above amount

represents a reasonable pre-estimate of Landlord's damages rather than a penalty.


Asked on 2/21/12, 9:35 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You either need to lock up your dog or write a check for $100 as you are violating the lease.

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Answered on 2/22/12, 8:10 am


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